CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - November 28, 2023
10:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
Click on Zoom link (no time delay): https://zoom.us/j/94684401344 Online at http://www.cityofsantacruz.com/government/city-council/council-meetings Online at Watch – Community Television of Santa Cruz County Comcast Channel 25
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, November 27th
PLEASE NOTE:
Council may take a break(s) as needed.
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, November 26th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
November 28, 2023 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 9, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030. 10:30 AM
Closed Session
1. Real Property Negotiations (Government Code §54956.8) Property: 140 Front Street
APN: 005-053-27
Owner: Seaside Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz, Seaside Company, and Golden State Warriors
Under Negotiation: Price, terms of payment, or both
2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Lorraine H. Coppolino
Claim against the City of Santa Cruz
November 28, 2023 City Council 3
Closed Session (continued)
3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed)
4. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed)
5. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
November 28, 2023 City Council 4
City Council
12:30 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
7. Resolution Extending the Local Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM) Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
November 28, 2023 City Council 5
Consent Agenda (continued)
8. Minutes of the November 14, 2023 City Council Meeting (CC) Motion to approve as submitted.
9. Resolution Ordering an Election, Requesting the County to Conduct the Election, and Requesting Consolidation of the Election to be Held on March 5, 2024, for the Purpose of Placing the Housing for People Citizen Initiative Measure on the Ballot (CC)
Motion to:
1) Accept the certificate of verification of signatures for the Housing for People citizen initiative petition, and
2) Adopt a resolution ordering an election to be held on March 5, 2024, consolidating the election for the purpose of adding the measure to the ballot, and directing the City Attorney to prepare an impartial analysis in accordance with the requirements of Elections Code 9280.
10. EMC Research, Inc. – First Amendment to Contract (CM) Motion authorizing the City Manager to execute a $51,000 amendment in a form approved by the City Attorney to the agreement with EMC Research, Inc. for public opinion research and polling services. The City Manager is authorized to execute future contract amendments within the approved budget.
11. Santa Cruz County Civil Grand Jury Response (CM)
Motion to authorize the Mayor to submit responses to the Santa Cruz Civil Grand Jury on behalf of the Santa Cruz City Council for the Honoring Commitments to the Public report.
12. 2024 Legislative Program (CM)
Motion to approve the 2024 Legislative Program.
13. Liability Claim Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Lorraine H. Coppolino, based on staff recommendation.
November 28, 2023 City Council 6
Consent Agenda (continued)
14. Resolution Amending the City of Santa Cruz Classification and Compensation Plans: Implementation of Statutory and Regulatory Requirements for Publicly Available Pay Schedules – All Departments (HR)
Resolution amending the City of Santa Cruz Classification and Compensations Plans by implementing the CalPERS requirements for publicly available pay schedules per California Code of Regulations 570.5.
15. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (PD)
Motion to:
1) Approve the attached FY 2024 State Homeland Security Program Grant proposal letter and direct staff to send the letter to the Santa Cruz County Office of Response, Recovery, and Resilience, Authorized Body of Five no later than December 31, 2023, and
2) Approve the installation of automated license plate readers within Santa Cruz city limits, purchased with funds received through the FY 2024 State Homeland Security Program Grant.
16. Consulting Engineering Services for Wastewater Treatment Facility Capital Improvement Projects – Amendment 1 to Agreement (PW) Motion to authorizing the City Manager to execute Amendment 1 in a form approved by the City Attorney to the Agreement with Brown and Caldwell (San Jose, CA) in the amount of $3,950,000 to provide additional engineering services for Wastewater Treatment Facility capital improvement projects. The Director of Public Works is authorized to execute contract amendments within the approved budget.
November 28, 2023 City Council 7
Consent Agenda (continued)
17. Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 (c401413) – Budget Adjustment, Construction Management Services Contract Amendment No. 1, and Design and Construction Support Services Contract Amendment No. 8 (PW)
Motion to:
1) Approve a resolution amending the FY 2024 budget to appropriate funds in the amount of $2,950,000 from Wastewater enterprise (m409659) and Measure D portions of Rail Trail Segment 8 & 9 (C401804), Pavement (c400809), Pavement (c400810), Bay Drive (c402304), to Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 Project (c401413);
2) Approve Contract Amendment 1 with WSP USA, Inc. (San Jose, CA) to provide Construction Management Services for the Rail Trail Segment 7 Phase 2 Project (c401413) and authorize the Director of Public Works to execute the contract amendment in a form approved by the City Attorney. The Director of Public Works is authorized to execute future contract amendments within the approved budget; and 3) Approve Contract Amendment No. 8 with RRM Design Group for additional design changes and bid and construction support related to Rail Trail Segment 7 Phase 2 and authorize the Director of Public Works to execute the contract amendment in a form approved by the City Attorney. The Director of Public Works is authorized to execute future contract amendments within the approved budget.
18. Murray Street Bridge Seismic Retrofit (c409321) - Contract Amendment 11 (PW)
Motion authorizing the City Manager to execute Contract Amendment 11 in a form approved by the City Attorney to the Agreement with TRC Engineers, Inc. to provide services for design completion, final coordination, and construction support for the Murray Street Bridge Seismic Retrofit Project. The Director of Public Works is authorized to execute future contract amendments within the approved budget.
November 28, 2023 City Council 8
Consent Agenda (continued)
19. Grant of Easement to Pacific Gas and Electric Company (WT/PR) Resolution authorizing and directing the City Manager to execute a Grant of Easement in a form to be approved by the City Attorney, located in the City of Santa Cruz and designated as APN 004-321-06, to Pacific Gas and Electric Company, to construct, install, operate, and maintain facilities for distribution of electric energy upon the terms and conditions as set forth to serve the Pure Water Soquel facilities located at the City’s Wastewater Treatment Facility.
20. Approval of the Supervisory Control and Data Acquisition (SCADA) Radio Upgrade Project and Approval of California Environmental Quality Act (CEQA) Exemption and Award of Agreement to Telstar Instruments (WT)
Motion to:
1) Approve the SCADA Radio Upgrade Project and find the project exempt under CEQA;
2) Accept the proposal of Telstar Instruments for the SCADA Radio Upgrade project in the amount of $199,107.00 and to authorize the City Manager, or designee, to execute an agreement in a form to be approved by the City Attorney and reject all other proposals; and 3) Authorize the Water Director to approve change orders with Telstar Instruments in a form to be approved by the City Attorney for amounts that are within the approved adjusted budget.
End Consent Agenda
November 28, 2023 City Council 9
Public Hearing
21. 1800, 1812, 1818 Soquel Avenue: CP22-0142 (APN 011-041-63, -64, -65) Appeal of the Planning Commission Approval of the Development Proposal at 1800 Soquel Avenue Involving a Nonresidential Demolition Authorization Permit to Demolish an Existing Commercial Building, Boundary Line Adjustment to Merge Three Parcels, Design Permit, Special Use Permit, and Density Bonus Request Involving Waivers to Development Standards, Including Exceeding Height and Floor Area Ratio (FAR) and a Reduction in Bike Parking, Open Space, Storage and Indoor Common Space Requirements, to Construct a Four-Story MixedUse Project Consisting of Approximately 2,889 Square Feet of Ground Level Commercial Space, and 84 Residential Units on a Parcel Located in the CC (Community Commercial) Zone District and Within the Eastside Business Improvement Plan Area. Environmental
Determination: Categorical Exemption. Owner: 1800 Soquel LLC. (PL) Resolution to deny the appeal and uphold the Planning Commission’s acknowldgement of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including for waivers to exceed height and FAR and reduce bike parking, open space, storage, and indoor common space requirements; and Design and Special Use Permits, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.”
General Business
22. 10-year Citywide Long Range Financial Plan (FN)
Receive an update from Baker Tilly on the development of a 10-year Citywide Long Range Financial Plan (CWLRFP).
November 28, 2023 City Council 10
General Business (continued)
23. Resolution Requesting the Placement of a Sales and Use Tax Ballot Measure on the March 2024 California Statewide Primary Election (CN) Motion to:
1) Accept a report regarding the recent work of the City Council Budget and Revenue Ad Hoc Committee;
2) Adopt a resolution requesting that the consolidated March 2024 California Statewide Primary Election include a general purpose onehalf of one percent retail transaction and use tax measure; and 3) Support the measure for the purpose of authorizing arguments; provide direction regarding the authors; directing the City Attorney to prepare the impartial analysis; and providing direction to the City Manager regarding the preparation of the fiscal analysis, as appropriate.
24. San Lorenzo River Levee Letter of Map Revision Application Submittal Update (PW)
Receive information on the progress of San Lorenzo River Levee Certification and Letter of Map Revision Application Submittal to the Federal Emergency Management Agency.
25. An Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Introduce for publication an ordinance adding Chapter 5.11 to the Santa Cruz Municipal Code to require delivery companies to offer tipping option to residential delivery customers.
November 28, 2023 City Council 11
Consent Public Hearings
26. Municipal Code Amendments Relating to Flexible Density Units (FDUs) Responding to Modifications Requested by the California Coastal Commission (PL)
Motion to:
1) Adopt a resolution acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications, and
2) Introduce for publication an ordinance amending Part 16 of Chapter
24.12 of the Municipal Code related to Flexible Density Units in response to action by the California Coastal Commission.
27. 2nd Reading and Final Adoption of Ordinance No. 2023-12 Amendments to Title 18 of the Municipal Code Creating an Energy Reach Code for Newly Constructed Buildings with the Intent to Provide Developers with a Range of Options that Will Meet Goals to Reduce Greenhouse Gas Emissions Associated with Fossil Fuel Citywide (PL/CM)
Motion to adopt Ordinance No. 2023-12 amending Municipal Code Title 18 – Buildings and Construction, amending Section 18.04.030 and adding Chapter 18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code) implementing an energy reach code with an intent to provide developers with a range of options that will also meet goals to reduce greenhouse gas emissions associated with fossil fuel use citywide. CEQA determination: These amendments are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the general rule, 15061(b)(3), and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources.
Presentation
28. Election of New Vice Mayor for 2024
Elect a new Vice Mayor for the 2024 term.
Adjournment
November 28, 2023 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 28, 2023
29. Parks and Recreation Department: Seargent Charles Derby Skate Park – Skateboard Park Addition - 11/2/23 (PKFYI 78)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 28, 2023
30. Proclaiming November 19, 2023 as “Myrna Britton Day” and encouraging all citizens to join in honoring her for her service to the city, county, and country.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
County Latino Affairs Commission One opening – at-large nomination Historic Preservation Commission One opening – at-large nomination Sister Cities Committee Three openings – at-large nominations Water Commission One opening – to be appointed by Vice Mayor Golder
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.